2009 Kentucky Revised Statutes CHAPTER 311 PHYSICIANS, OSTEOPATHS, PODIATRISTS, AND RELATED MEDICAL PRACTITIONERS 311.377 Waiver of claim for damages by applicant for or grantee of staff privileges -- Records confidential -- Exceptions -- Federal immunity provisions.
311.377 Waiver of claim for damages by applicant for or grantee of staff privileges
-- Records confidential -- Exceptions -- Federal immunity provisions.
(1) Any person who applies for, or is granted staff privileges after June 17, 1978, by
any health services organization subject to licensing under the certificate of need <br>and licensure provisions of KRS Chapter 216B, shall be deemed to have waived as <br>a condition of such application or grant, any claim for damages for any good faith <br>action taken by any person who is a member, participant in or employee of or who <br>furnishes information, professional counsel, or services to any committee, board, <br>commission, or other entity which is duly constituted by any licensed hospital, <br>licensed hospice, licensed home health agency, health insurer, health maintenance <br>organization, health services corporation, organized medical staff, medical society, <br>or association affiliated with the American Medical Association, American Podiatry <br>Association, American Dental Association, American Osteopathic Association, or <br>the American Hospital Association, or a medical care foundation affiliated with <br>such a medical society or association, or governmental or quasigovernmental <br>agency when such entity is performing the designated function of review of <br>credentials or retrospective review and evaluation of the competency of professional <br>acts or conduct of other health care personnel. This subsection shall have equal <br>application to, and the waiver be effective for, those persons who, subsequent to <br>June 17, 1978, continue to exercise staff privileges previously granted by any such <br>health services organization.
(2) At all times in performing a designated professional review function, the
proceedings, records, opinions, conclusions, and recommendations of any <br>committee, board, commission, medical staff, professional standards review <br>organization, or other entity, as referred to in subsection (1) of this section shall be <br>confidential and privileged and shall not be subject to discovery, subpoena, or <br>introduction into evidence, in any civil action in any court or in any administrative <br>proceeding before any board, body, or committee, whether federal, state, county, or <br>city, except as specifically provided with regard to the board in KRS 311.605(2). <br>This subsection shall not apply to any proceedings or matters governed exclusively <br>by federal law or federal regulation.
(3) Nothing in subsection (2) of this section shall be construed to restrict or limit the
right to discover or use in any civil action or other administrative proceeding any <br>evidence, document, or record which is subject to discovery independently of the <br>proceedings of the entity to which subsection (1) of this section refers.
(4) No person who presents or offers evidence in proceedings described in subsection
(2) of this section or who is a member of any entity before which such evidence is <br>presented or offered may refuse to testify in discovery or upon a trial of any civil <br>action as to any evidence, document, or record described in subsection (3) of this <br>section or as to any information within his own knowledge, except as provided in <br>subsection (5) of this section.
(5) No person shall be permitted or compelled to testify concerning his testimony or the
testimony of others except that of a defendant given in any proceeding referred to in
subsection (2) of this section, or as to any of his opinions formed as a result of such <br>proceeding.
(6) In any action in which the denial, termination, or restriction of staff membership or
privileges by any health care facility shall be in issue, agents, employees, or other <br>representatives of a health care entity may with the consent of such health care <br>entity testify concerning any evidence presented in proceedings related to the <br>facility's denial of such staff membership or privileges.
(7) Nothing in this section shall be construed to restrict or prevent the presentation of
testimony, records, findings, recommendations, evaluations, opinions, or other <br>actions of any entity described in subsection (1) of this section, in any statutory or <br>administrative proceeding related to the functions or duties of such entity.
(8) In addition to the foregoing, the immunity provisions of the federal Health Care
Quality Improvement Act of 1986, P.L. 99-660, shall be effective arising under state <br>laws as of July 15, 1988.
Effective: July 15, 1990 <br>History: Repealed and reenacted 1990 Ky. Acts ch. 271, sec. 1, effective July 15, 1990.
-- Amended Ky. Acts ch. 1988 Ky. Acts ch. 100, sec. 1, effective July 15, 1988; and <br>ch. 224, sec. 22, effective July 15, 1988. -- Amended 1980 Ky. Acts ch. 135, sec. 33, <br>effective July 15, 1980. -- Amended 1978 Ky. Acts ch. 103, sec. 1, effective June 17, <br>1978. -- Amended 1976 Ky. Acts ch. 163, sec. 9. -- Amended 1974 Ky. Acts ch. 225, <br>sec. 7. -- Created 1972 Ky. Acts ch. 199, sec. 1.
Disclaimer: These codes may not be the most recent version. Kentucky may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
